Lincoln County NcArchives Court.....Phillip Carpenter, State V. 1892
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 25, 2011, 7:07 pm

Source: N C Reports
Written: 1892

State v. Phillip Carpenter

Jurisdiction - Case on Appeal - Indictment

1. When there is no case on appeal, and no error on the face of the record in 
a criminal proceeding, the judgment will be affirmed.

2. Where a Justice of the Peace has original jurisdiction, the burden is on 
the defendant, upon appeal from his judgment, to show that the indictment was 
found in less than twelve months after the offence was committed: certainly 
there can be no cause of complaint on this ground, when it appears from the 
record that there was a period of twelve months between the presentment and 
indictment.

This was in Indictment for carrying a concealed weapon, tried at the Special 
(May) Term, 1892, of Lincoln Superior Court, before Bynum, J.

The Attorney General for the State
No counsel for defendant

NC Supreme Court Justice Clark, J. - This was an indictment for carrying 
concealed weapons.

There is no case on appeal, and we find no error on the face of the record 
proper. The judgment therefore must be affirmed.

It is true that there appears in the record a motion to quash the indictment, 
which was overruled and an exception entered. As the indictment is in the 
usual form, we are at a loss to conjecture on what ground the motion to quash 
was made, unless upon the ground of want of jurisdiction. But it has been 
often held that the Superior Court being a Court of general jurisdiction, the 
burden is on the defendant, in cases like this of which a Justice of the Peace 
has original jurisdiction, to show that the indictment was ound within less 
than twelve months after the offence was committed.

Besides, it appears in the record that there was an interval of twelve months 
after the presentment before indictment found. The twelve months is counted 
prior to the indictment found, not prior to presentment. Hence, in fact, it 
affirmatively appears in the record here that the Superior Court had acquired 
jurisdiction.

Affirmed

Additional Comments:
In the NC Supreme Court September Term 1892

File at: http://files.usgwarchives.net/nc/lincoln/court/phillipc2172gwl.txt

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